Common use of Tree Replacement Clause in Contracts

Tree Replacement. a. The Proposer shall, at the direction of the City PM, remove and replace any tree within its establishment period that is missing, dies, or in the opinion of the City PM, is in an unhealthy or unsightly condition, and/or has lost its natural shape due to dead branches or decline, and/or 25% or more of the crown is in decline. All missing, dead, and rejected trees shall be removed within five (5) working days of notification by the City PM, unless directed otherwise by the City PM. Replacement trees shall be planted within the current or next appropriate planting season (October 15 – March 31), as determined by the City PM. b. All replacement trees planted under this contract shall be procured and planted by the Proposer at no additional cost to the City. c. All costs incurred in the removal and replacement of missing, dead, and rejected trees shall be borne by the Proposer. New trees, materials, etc., and planting procedures shall comply with the requirements specified herein. d. The species, cultivar, and size of the replacement tree shall be approved at the discretion of the City PM before the Proposer procures the tree. The City PM may require the replacement tree to be of different species, cultivar, or size. e. A tree shall not be replaced more than twice. f. When a tree becomes missing, dead, or rejected, the establishment cycle and payment stop. The establishment payments resume after the replacement tree is planted. A tree and its replacement(s) shall not receive, in total, more than the originally assigned years of establishment payments (3 or 4 years). Replacement trees are subject to a new establishment period (3 or 4 years). All establishment responsibilities end after the final acceptance, or at the completion of the contract, whichever comes first.